Also known as: falsehood · falsities · false statement · untruth
Written by attorneys · grounded in primary & secondary sources — see below
The quality or state of being untrue.
Fernando Farrell, representing a client before a judge, states that a contract contains a specific termination clause when the document actually omits it. The tribunal relies on the assertion in issuing a ruling. Fernando later learns of the error but does not correct it.
Francesca Fowler, a reporter, attributes a public statement to a city official by rearranging words in a direct quote. The rearrangement reverses the official's intended position on a policy matter. The official sues for defamation and shows the alteration created a materially different impression.
Select any source to read its text and confirm it supports the definition.
Felix Franco testifies in a civil trial. The opposing party seeks to introduce his prior conviction for submitting false information on a government form. The court determines that the elements of the crime required proof of a false statement.
Francisco Frost purchases property after the seller states that the roof is new. Frost does not inspect the property. Later evidence shows the roof was decades old and the statement was untrue.
Fabian Flynn calls a witness who testifies to an alibi. Midway through trial Flynn receives documents proving the alibi false. Flynn continues presenting the testimony without correction or withdrawal.
Flora Ford publishes an article placing Frontier Capital's CEO in a situation suggesting criminal conduct. The article contains inaccuracies that a reasonable reader would find highly offensive. The CEO proves Ford acted with knowledge of the inaccuracies.
Falsity requires that the statement be untrue in a material respect. Minor or substantially true statements do not satisfy the element even if technically imprecise.
A lawyer must correct a false statement of material fact or law once the lawyer knows of its falsity. The duty continues through the conclusion of the proceeding.
Yes. Under Rule 609(a)(2) any conviction resting on a dishonest act or false statement is admissible regardless of punishment or balancing.
A recipient may rely on a fraudulent misrepresentation even if an investigation would have revealed its falsity.
The plaintiff must prove the published material placed the plaintiff in a false light and that the defendant acted with knowledge of falsity or reckless disregard.
…know, at times, resorts to exaggeration, to vilification of men who have been, or are, prominent in church or state, and even to false statement. But the people of this nation have ordained in the light of history, that, in spite of the probability of excesses and abuses, these liberties are, in the long view, essential to…